Falls on Escalators: Who Should Pay For Your Injuries?

When you’ve been hurt by a fall or other type of escalator accident, it’s hard to know who should pay. Learn about liability and escalator injuries here.

Escalators and elevators are two of the most useful devices of modern society. They allow people to access places they would otherwise not be able to reach.

Because they are powerful machines, escalators can cause severe injuries. They often cause people to fall, resulting in lacerations, broken bones, head trauma, or worse. A lawsuit for escalator-related injuries can be complicated. There may be several different people and companies responsible for your damages.

Here we take a look at parties that are potentially liable for escalator accidents, and the evidence you’ll need to have a chance of getting compensated for a fall injury.

Liability for Escalator Injuries

Maintenance person working on an escalator

Escalator accidents are usually premises liability claims. You will file a claim against the owner of the property and/or the owner of the business where you were injured.

While the property owner and business owner may be the same person, this isn’t always the case. It’s crucial to know exactly who owns the property and who is using it.

Many businesses lease their property. A store may have an escalator on its premises, but that escalator is likely maintained by whoever actually owns the building. If it is, then the owner of the building plus the tenant business should be the subject of your claim.

The business or property owner may have a separate maintenance company that cleans the property. That maintenance company may also be a target of your claim. There also may be a company that specifically maintains and works on escalators or elevators at the business location.

Specialized maintenance companies take responsibility for the care of these elevators and escalators. Their negligent behavior should be part of the lawsuit alongside that of any other liable parties.

Your injury could have resulted from a manufacturing or design defect. A defective escalator would be the subject of a product liability claim and therefore must not be overlooked.

Injuries From Escalator Accidents

Photo of an escalator

Slip and fall accidents are common across a wide variety of situations. When they involve heavy machinery, injuries can potentially become much more serious.

Unlike falling on a floor or sidewalk, the escalator rider slips and falls into a moving machine. In addition to broken bones or other traumatic injuries from the fall, the person can be further injured when they are pulled along the metal track of the machine.

The jagged teeth of escalator stairs can catch clothing or skin, causing even more serious injuries.

Besides typical fall injuries, escalator and elevator accidents can result in:

  • Foot and leg injuries. Shoelaces or pant legs can get caught in escalator machinery. Entrapment may lead to fractures and even traumatic amputations of toes or feet, often involving children.
  • Hand and arm injuries. Sleeves and gloves can become tangled in moving handrails. Fingers can be lacerated or amputated by the machinery.
  • Degloving. Also called avulsion, this can happen when the skin gets caught in machinery and rips away from the underlying tissue. Degloving injuries can go all the way to the bone and may be life-threatening.

Escalator-related injuries can range from painful to disabling and even deadly. If you or a loved one is injured in an escalator accident, get appropriate medical treatment. After that, you can focus on who is responsible for your injuries and how to get compensated.

Gathering Evidence For an Injury Claim

Woman walking with crutches during a physical therapy session

You don’t always have to file a lawsuit for an injury. Most people settle out of court with an insurance company. Whichever route you take, though, you need to have solid evidence supporting your personal injury claim.

Determine the identity of the property owner, person, or entity controlling the property, and any companies that cleaned or maintained the escalator.

The accident victim bears the burden of proving the escalator or elevator owner is liable for their injuries. You or your attorney must produce evidence showing that the people or companies you sued were at fault.

If there was a dangerous condition on the escalator, try to get photos of the hazard as soon as you can. Escalators and elevators are complicated pieces of machinery. You may need to speak with an attorney about finding an expert to help you figure out what happened.

No matter if you file an insurance claim or lawsuit, you must provide proof of your damages. Start with evidence of your medical treatment, such as medical bills, letters from doctors, and other information relating to your prognosis. Don’t overlook bills and records for physical therapy or psychotherapy.

If your injury kept you from working, you will also need evidence showing lost wages or lost earning capacity.

Child injury claims require special handling. If your child is the one who was injured, speak with a personal injury attorney right away. You will need a consultant who can measure how your child’s injury will affect their life as an adult.

It’s also important to think about the pain and suffering that you or your loved one has suffered. Serious injuries may cause problems throughout your life. Medical and testimonial evidence of those problems is critical.

Once you have obtained the information you need, organize the information in preparation for negotiations with the insurance company. The evidence you’ve gathered may also be a helpful roadmap for your lawyer to further pursue a claim or lawsuit on your behalf.

Take Control of Your Injury Claim

Escalators are large and powerful machines that can lacerate, amputate and maim in a heartbeat. That is precisely why businesses need to make sure they are as safe as possible.

If you or a loved one has been injured in an accident involving an escalator, do not delay. Begin the process of gathering evidence for your claim as soon as possible. Contact a personal injury law firm in your state for a free consultation and helpful legal advice.